Reasoning and reversibility in capacity law
Related Experiment Video
Updated: Aug 27, 2025

Examining Recall Memory in Infancy and Early Childhood Using the Elicited Imitation Paradigm
Published on: April 28, 2016
1Uehiro Centre for Practical Ethics, Faculty of Philosophy, University of Oxford, Oxford, UK binesh.hass@philosophy.ox.ac.uk.
Abstract:
A key objective of the law in the assessment of decision-making capacity in clinical settings is to allow clinicians and judges to avoid making value judgements about the reasons that patients use to refuse treatment. This paper advances two lines of argument in respect of this objective. The first is that authorities cannot rationally avoid significant evaluative judgements in the assessment of a patient's own assessment of the facts of their case. Assessing reasoning is unavoidably value-laden. Yet the underlying motivation behind clinicians' and the law's value-neutral aims, ie, the avoidance of undue paternalism, is worth preserving. That being so, the second line of argument will try to show that that underlying motivation is better served in a limited range of cases by embedding a 'reversibility standard' in the assessment process so that the patient can, if they wish, and in due course, bring about the consequences that they were prevented from realising as a result of a determination of incapacity.
Related Concept Videos
Reasoning
Inductive reasoning involves deriving generalizations from specific observations. This type of reasoning helps form beliefs about the world. For example,...
Reversible and Irreversible Processes
Woodward–Hoffmann Selection Rules and Microscopic Reversibility
Equivalent Capacitance
Inductive Reasoning
Inductive reasoning is common in descriptive science. A life scientist makes observations and records them. This data can be qualitative or...
Deductive Reasoning
For example, a researcher can deduce specific predictions...

